# State wide smoking ban



## Maduro_Scotty (Jun 1, 2007)

I don't want to get very political here, but this issue does touch upon some interesting tangents. In my state, a comprehensive state wide smoking ban is coming down the pipes and fast. Unlike previous measures, this one is not the product of local communities, but rather, at the state level. I've had some friends argue that it's intrusive of the state to dictate to private businesses and individuals what they can do in public or on private property(which businesses are.) I suppose one could use the necessary and proper clause, not to mention the idea of the "general welfare" of the population as justification.

So, should laws related to smoking be conducted at the local or state level? Which would be more appropriate and why?


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## CPJim-cl (Jan 17, 2008)

Same thing is happening in the state just south of you...


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## Maduro_Scotty (Jun 1, 2007)

> Same thing is happening in the state just south of you...


Didn't know that. Was that Sebelius that pushed it? Our measure got started when the city of Lincoln passed an ordinance. I was really shocked that they actually did it. I would drive my family to Lincoln to meet my relatives from the good sunflower state:biggrin: for a day of shopping. The gals would hit the mall and other businesses, while the brother in law and I would hit up a good tobacconist shop and then relax at the libations cigar lounge. After the ban, you couldn't smoke at a tobacconist shop.:angry: Yes, a tobacconist's shop was off-limits. Instead, you were to stand outside. Business at the cigar lounge fell off quite a bit. I don't know if they are still in business but the owner who talked with us said he didn't know what to do. I hope the guy is doing well.

I do believe that BOTLs are for the most considerate people. I won't light up around my kids, or any children for that matter. I like to go to the legion, but I've let my cigar go out a few times due to other people entering an establishment with children. I figure I shouldn't punish their kids for the parent's lack of intelligence of bringing their kids to a place like that at midnight. It's a shame that there is no reasonable middle ground on this issue. I don't believe that BOTLs mind not being able to light up at Perkin's, Denny's, or anywhere else like that. At the same time, the other side has to admit that a tobacconist shop should be run according to how the owner sees fit. If a person doesn't like it, then they should not go to tobacconist shops!:helloooo:


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## CPJim-cl (Jan 17, 2008)

I am not sure if Sebelius was behind it or not, but I wouldn't be surprised... 
I agree with you, I keep my lit cigar away from kids. I am a children's pastor and care a lot about kids. I remember how much i disliked my grandmother's cigarette smoke as a child so I just don't smoke around them. I tend to be pretty courteous when it comes to others and my smoke. But if I am smoking where it is allowed and someone wants to throw a fit, I will just keep on puffing!

(on a separate note: I have noticed that Sebelius has been campaigning a lot for Obama. I wonder is she is a possible Vice-President candidate with Obama? I like Obama alright, but I am NOT a Sebelius fan!)


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## Doogie (Oct 15, 2007)

another state bites the dust. :angry:smoke nazis


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## cubapete (Feb 15, 2008)

Moved from NY to NC its a little weird going into a restraunt and being asked smoking or non. But even in the state of tobacco road the signs are there for a smoking ban


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## Craig (Jun 10, 2007)

Austin now has a city wide ban, but at least the tobacco shops got grandfathered in. There was quite a flurry of private smoking lounges that were created as well before the ban.

Luckily, it is comfortable to smoke outside here for most of the year. The bars just retrofitted and added on to their decks and or rooftops, so that is where the party has moved to. Sometimes the bar areas are totally empty while everyone is on the roof smoking and having a good time.


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## SmokinJoe (Apr 7, 2007)

Kansas hasn't bit the dust...yet. The Senate Judiciary Committee will vote on Wed on Sente Bill 493. When introduced, the bill would ban smoking in virtually all public areas, including restaurants, bars and casinos, and workplaces, subject to a Nov. 4 vote in each county. However, if a county already has an ordinance, it can not be over-ridden by the state.

I personally feel it should be a business decision, left up to the business owner. However, that ship has come...and gone.


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## [email protected] (Feb 2, 2008)

Colorado has a state wide smoking ban as well. But there are loopholes so it's not as bad as it could be.

It's absolutely baffling that in a country BASED on freedom we'd have bans on products...Alcohol kills so many people and yet we dont have any bans on it. At the very least it should be up to the business owners. If you don't want to eat at a restaurant because it's smoky, go somewhere else and eat! It's that simple. I don't know how/why this has gotten this far...


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## mhlatke (Oct 13, 2007)

[email protected] said:


> Colorado has a state wide smoking ban as well. But there are loopholes so it's not as bad as it could be.
> 
> It's absolutely baffling that in a country BASED on freedom we'd have bans on products...Alcohol kills so many people and yet we dont have any bans on it. At the very least it should be up to the business owners. If you don't want to eat at a restaurant because it's smoky, go somewhere else and eat! It's that simple. I don't know how/why this has gotten this far...


I feel your pain bro! It is really sad to see all of our freedoms being taken from us under the guise of taking care of our health. Last time I checked, I was an adult and could make my own decisions! I don't need the government acting as a surrogate mother.

Looks like 'Big Brother' is alive and well.:angry:


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## Maduro_Scotty (Jun 1, 2007)

Well, the legislature passed it and the governor signed it.



> "In weighing the merits of this bill, I took into account the valid concerns about local control and the rights of business owners, as well as the health concerns and the rights of the public to clean indoor air," Heineman said in a statement. "The public health concern is a critical one, and that is why I signed" the law.


At least there is an exemption for hotels and tobacco shops, so that makes it somewhat better.


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## Architeuthis (Mar 31, 2007)

This is definitely something worth fighting against. If ya lose, I'd suggest moving yourself (and your potential paid taxes) to a different state!


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## Coach (Jun 2, 2006)

Ohuo went SMOKE FREE a little over a year ago. The Law that PASSED has NO LOOPHOLES either. It does ALLOW for Tobacco Shops to be "smoke friendly", but those shops that were in "strip malls" had to do some major renavations in firewalls and independent HVAC systems. Also if the owner wanted to sell his shop the new owner could be a tobacco shop but he would not be allowed to smoke in it. Also, if one were to open a new shop, it has to be a "free standing building". The Law also has taken the rights away from Lodges(FOE,AMVETS,MOOSE,ELKS,Amer Legions), there can be NO SMOKING in any of these "private clubs" too. So you think you got it bad...move to OHIO then you really know what being screwed is.

ps.... Ohio has also the only know court cases that WON with a non-smoker filing against their neighbor for second hand smoke damage...last case the plaitiff WON $3M for damages from their condo neighbor.


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## JohnR (Apr 1, 2007)

*Stricter smoking ban passes Iowa Senate*

Oooooh, the smoke nazis are having a field day in Iowa. They will really be surprised when the casinos pack up and go elsewhere.



> Stricter smoking ban passes Iowa Senate
> 
> DES MOINES Smoke if you have 'em because your time is running out.
> 
> ...


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## JoeyBear (Jul 31, 2007)

I have 3 friends in Illinois who have closed their bars because they can't afford to keep them open anymore. They are planning on a filing a lawsuit for loss of income and a bunch of other stuff. One friend took over the bar from his dad about 10 years ago. The bar has been in the family for 75 years and his great-grandfather, grandfather, and father all made a living doing what they enjoyed. None got rich, but they all had what they wanted. Sales for the past 20 years grossed between $28k-$31k for the month of January (did not include New Years). This past January, gross sales were $14k. 

The government does not have the right to deny a person the ability to make a living. Non-smokers are not flocking to bars to enjoy the smoke-free air. Smokers are going home to smoke instead of hitting the bars. Package liquor stores are having higher profits than in past years.


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## JohnR (Apr 1, 2007)

JoeyBear, I think your comments are right on the mark. 

I suspect that most people who support a comprehensive smoking ban don't actually go to bars - they just like the IDEA of outlawing smoking because they don't like smoke. One of the young guys I work with expressed his support for the smoking ban because he wanted to go to a bar for their bar food, but his wife refuses to go because she doesn't like the smoke. Well, something tells me that once the ban is in effect, his wife will probably find another reason why they shouldn't go to the bar. And in a few months, that bar (which has been in business for over 50 years) will probably go out of business or lose the kitchen anyway due to the drop off in business.


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## sandsman1-cl (Nov 20, 2007)

Oooooh, the smoke nazis are having a field day in Iowa. They will really be surprised when the casinos pack up and go elsewhere. 

haha when the casinos see a big drop in people playing because they eather dont come or are outside smoking and not feedin the machines im bettin they will have something to say about it, and if they can get it changed for them maybe the guys who dont have the cash to fight it can sneak in with there ruleing, i dont hit the bars like i usta but i remember it was a drink in one hand and a smoke in the other


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## tobacmon (May 17, 2007)

How can these bastids sleep at night--this is a Big Crock---Government is slowly but surely (with the peoples help - ignorant arshes) destroying our & their Amendment Rights!


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## happy1 (Jun 29, 2007)

tobacmon said:


> How can these bastids sleep at night--this is a Big Crock---Government is slowly but surely (with the peoples help - ignorant arshes) destroying our & their Amendment Rights!


Amen!!


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## nativetexan_1 (Jan 1, 2008)

Speaking of casinos: at least one casino in Niagara Falls, Canada has TWO casinos, one smoking, one nonsmoking.


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## l0venpeace-cl (Apr 10, 2007)

So sad. Iowans need to ban together to fight this!


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